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1 | AN ACT concerning unemployment insurance.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Unemployment Insurance Act is amended by | ||||||||||||||||||||||||
5 | changing Section 612
as follows:
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6 | (820 ILCS 405/612) (from Ch. 48, par. 442)
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7 | Sec. 612. Academic Personnel - Ineligibility
between | ||||||||||||||||||||||||
8 | academic years or
terms.
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9 | A. Benefits based on wages for services which are | ||||||||||||||||||||||||
10 | employment under
the provisions of Sections 211.1 ,
and 211.2 ,
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11 | and 302C shall be
payable in the same
amount, on the same | ||||||||||||||||||||||||
12 | terms, and subject to the same conditions as benefits
payable | ||||||||||||||||||||||||
13 | on the basis of wages for other services which are employment | ||||||||||||||||||||||||
14 | under
this Act; except that
an individual is ineligible for | ||||||||||||||||||||||||
15 | benefits, on the basis of wages for
services in an | ||||||||||||||||||||||||
16 | instructional, research, or principal administrative capacity
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17 | performed:
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18 | 1. For an educational institution,
for any week that | ||||||||||||||||||||||||
19 | begins during the
period between 2 successive academic | ||||||||||||||||||||||||
20 | years or terms (or, when an agreement
provides instead for | ||||||||||||||||||||||||
21 | a similar period between 2 regular but not successive
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22 | terms,
during that period) or during a period of paid | ||||||||||||||||||||||||
23 | sabbatical leave provided for in
the individual's |
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1 | contract, if the individual performs those services in the
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2 | first of the academic years (or terms) and there is a | ||||||
3 | contract or
reasonable assurance that the individual will | ||||||
4 | perform services in any such
capacity for any educational | ||||||
5 | institution,
in the second of those academic years
or | ||||||
6 | terms.
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7 | 2. For an educational institution,
for any week that | ||||||
8 | begins during an
established and customary vacation period | ||||||
9 | or holiday recess, if the individual
performs those | ||||||
10 | services in the period immediately before the vacation | ||||||
11 | period or
holiday recess and there is a reasonable | ||||||
12 | assurance that the individual will
perform those services | ||||||
13 | in the period immediately following the vacation period
or | ||||||
14 | holiday recess.
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15 | 3. In an educational institution,
while in the employ | ||||||
16 | of an educational
service agency for any week: (i) during a | ||||||
17 | period between 2 successive academic
years or terms, if the | ||||||
18 | individual performed those services in the first of
those | ||||||
19 | academic years or terms and there is a reasonable assurance | ||||||
20 | that the
individual will perform those services in the | ||||||
21 | second of those academic years or
terms; and (ii) during an | ||||||
22 | established and customary vacation period or holiday
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23 | recess, if the individual performed those services in the | ||||||
24 | period immediately
before the vacation period or holiday | ||||||
25 | recess and there is a reasonable
assurance that the | ||||||
26 | individual will perform those services in the period
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1 | immediately following the vacation period or holiday | ||||||
2 | recess. As used in this
Section,
"educational service | ||||||
3 | agency" means a governmental agency or governmental entity
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4 | that is established and operated exclusively for the | ||||||
5 | purpose of providing such
service to one or more | ||||||
6 | educational institutions.
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7 | : 1. an individual shall be ineligible for
benefits, on the | ||||||
8 | basis of wages for employment in an instructional, research,
or | ||||||
9 | principal administrative capacity performed for an institution | ||||||
10 | of higher
education, for any week which begins during the | ||||||
11 | period between two successive
academic years, or during a | ||||||
12 | similar period between two regular terms, whether
or not | ||||||
13 | successive, or during a period of paid sabbatical leave | ||||||
14 | provided
for in the individual's contract, if the individual | ||||||
15 | has a
contract or contracts to perform services in any such | ||||||
16 | capacity for any
institution
or institutions of higher | ||||||
17 | education for both such academic years or both such
terms.
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18 | This paragraph 1 shall apply with respect to any week
which | ||||||
19 | begins prior
to January 1, 1978.
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20 | 2. An individual shall be ineligible for benefits, on | ||||||
21 | the basis of wages
for service in employment in any | ||||||
22 | capacity other than those referred to in
paragraph 1, | ||||||
23 | performed for an institution of higher learning, for
any | ||||||
24 | week which begins after September 30, 1983, during a period | ||||||
25 | between
two successive academic years or terms, if the | ||||||
26 | individual performed such
service in the first of such |
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1 | academic years or terms and there is a reasonable
assurance
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2 | that the individual will perform such service in the second | ||||||
3 | of such academic
years or terms.
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4 | 3. An individual shall be ineligible for benefits, on | ||||||
5 | the basis of
wages for service in employment in any | ||||||
6 | capacity other than those referred
to in paragraph 1, | ||||||
7 | performed for an institution of higher education, for
any | ||||||
8 | week which begins after January 5, 1985, during an | ||||||
9 | established and
customary vacation period or holiday | ||||||
10 | recess, if the individual performed
such service in the | ||||||
11 | period immediately before such vacation period or
holiday | ||||||
12 | recess and there is a reasonable assurance that the | ||||||
13 | individual will
perform such service in the period | ||||||
14 | immediately following such vacation
period or holiday | ||||||
15 | recess.
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16 | B. Benefits based on wages for services which are | ||||||
17 | employment under the
provisions of Sections 211.1 and 211.2 | ||||||
18 | shall be payable in the same amount,
on the same terms, and | ||||||
19 | subject to the same conditions, as benefits payable
on the | ||||||
20 | basis
of wages for other services which are employment under | ||||||
21 | this Act, except that:
1. an individual shall be ineligible for | ||||||
22 | benefits, on the basis of wages
for service in employment
in an | ||||||
23 | instructional, research, or principal administrative capacity | ||||||
24 | performed
for an educational institution, for any week which | ||||||
25 | begins after December
31, 1977, during a period between two | ||||||
26 | successive academic years, or during
a similar period between |
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1 | two regular terms, whether or not successive, or
during a | ||||||
2 | period of paid sabbatical leave provided for in the | ||||||
3 | individual's
contract, if the individual performed such | ||||||
4 | service in the first of such
academic years (or terms) and if | ||||||
5 | there is a contract or a reasonable assurance
that the | ||||||
6 | individual will perform service in any such capacity for any
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7 | educational
institution in the second of such academic years | ||||||
8 | (or terms).
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9 | 2. An individual shall be ineligible for benefits, on | ||||||
10 | the basis of wages
for service in employment in any | ||||||
11 | capacity other than those referred to in
paragraph 1, | ||||||
12 | performed for an educational institution,
for any week | ||||||
13 | which
begins after December 31, 1977, during a period | ||||||
14 | between two successive academic
years or terms, if the | ||||||
15 | individual performed such service in the first of
such | ||||||
16 | academic years or terms and there is a reasonable assurance | ||||||
17 | that the
individual will perform such service in the second | ||||||
18 | of such academic years or
terms.
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19 | 3. An individual shall be ineligible for benefits, on | ||||||
20 | the basis of
wages for service in employment in any | ||||||
21 | capacity performed for an
educational institution, for any | ||||||
22 | week which begins after January 5, 1985,
during an | ||||||
23 | established and customary vacation period or holiday | ||||||
24 | recess, if
the individual performed such service in the | ||||||
25 | period immediately before such
vacation period or holiday | ||||||
26 | recess and there is a reasonable assurance that
the |
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1 | individual will perform such service in the period | ||||||
2 | immediately
following such vacation period or holiday | ||||||
3 | recess.
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4 | 4. An individual shall be ineligible for benefits on | ||||||
5 | the basis of wages
for service in employment in any | ||||||
6 | capacity performed in an educational
institution while in | ||||||
7 | the employ of an educational service agency
for any week | ||||||
8 | which begins after January 5, 1985, (a) during a period
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9 | between two successive academic years or terms, if the | ||||||
10 | individual performed
such service in the first of such | ||||||
11 | academic years or terms and there is
a reasonable assurance | ||||||
12 | that the individual will perform such service in
the second | ||||||
13 | of such academic years or terms; and (b) during an | ||||||
14 | established
and customary vacation period or holiday | ||||||
15 | recess, if the individual performed
such service in the | ||||||
16 | period immediately before such vacation period or holiday
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17 | recess and there is a reasonable assurance that the | ||||||
18 | individual will perform
such service in the period | ||||||
19 | immediately following such vacation period or
holiday | ||||||
20 | recess.
The term "educational service agency" means a | ||||||
21 | governmental agency or
governmental
entity which is | ||||||
22 | established and operated exclusively for the purpose of
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23 | providing such services to one or more educational | ||||||
24 | institutions.
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25 | C. 1. If benefits are denied to any individual under the | ||||||
26 | provisions of
paragraph
2 of either subsection A or B of this |
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1 | Section for any
week which begins
on or after September 3, 1982 | ||||||
2 | and such individual is not offered a bona
fide opportunity to | ||||||
3 | perform such services for the educational institution
for the | ||||||
4 | second of such academic years or terms, such individual shall | ||||||
5 | be
entitled to a retroactive payment of benefits for each week | ||||||
6 | for which the
individual filed a timely claim for benefits as | ||||||
7 | determined by the rules
and regulations issued by the Director | ||||||
8 | for the filing of claims for benefits,
provided that such | ||||||
9 | benefits were denied solely because of the provisions
of | ||||||
10 | paragraph 2 of either subsection A or B of this
Section.
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11 | 2. If benefits on the basis of wages for service in | ||||||
12 | employment in
other than an instructional, research, or | ||||||
13 | principal administrative capacity
performed in an educational | ||||||
14 | institution while in the employ of an
educational service | ||||||
15 | agency are denied to any individual under the
provisions of | ||||||
16 | subparagraph (a) of paragraph 4 of subsection B and
such
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17 | individual is not offered a bona fide opportunity to perform | ||||||
18 | such services
in an educational institution while in the employ | ||||||
19 | of an educational service
agency for the second of such | ||||||
20 | academic years or terms, such individual
shall be entitled to a | ||||||
21 | retroactive payment of benefits for each week for
which the | ||||||
22 | individual filed a timely claim for benefits as determined by | ||||||
23 | the
rules and regulations issued by the Director for the filing | ||||||
24 | of claims for
benefits, provided that such benefits were denied | ||||||
25 | solely because
of subparagraph (a) of paragraph 4 of subsection | ||||||
26 | B of this
Section.
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1 | (Source: P.A. 87-1178.)
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